Commonwealth Numbered Regulations

1991 No. 60 MIGRATION REGULATIONS (AMENDMENT) - REG 4

  4.1   After regulation 3, insert:
Interpretation-de facto spouse
  "3A. (1)   For the purposes of these Regulations, a person is the de facto
spouse of another person if, at the time when an application for a visa or
entry permit is made by either of the persons, they:

   (a)  have lived together, during the immediately preceding 6 months (or
        such lesser period as is specified in a particular case, under
        subregulation (2)), on a genuinely domestic basis as spouses without
        being legally married to each other; and

   (b)  are not of the same sex.

"(2) For the purposes of subregulation (1), the Minister may, on written
application, specify a period of less than 6 months if the Minister is
satisfied that:

   (a)  there are exceptional circumstances affecting the persons; and

   (b)  there are compelling reasons for specifying that lesser period.".